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Terms Of Service
 

TERMS OF SERVICE POLICY

AGREEMENT

This Agreement sets forth the Standard Terms and Conditions that apply to use of www.ISugest.com ("ISugest").

YOUR USE OF THE ISUGEST SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service form independent agreements between User and ISugest. The Parties shall be liable to the other for any breach of these Terms of Service, and User agrees that User's sole recourse in case of such breach shall be against the breaching party.

TERMS AND CONDITIONS

You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply.

MEMBERSHIP ELIGIBILITY

You must be at least eighteen (18) years of age in order to use the ISugest Services.

MEMBER CONDUCT

ou agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

CONTENTS OF MESSAGES

You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use ISugest for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You will not use the Service to distribute or upload any virus or Trojan horse, or do anything else that might cause harm to the Service, ISugest systems or to other members' systems in any way. You further agree not to use ISugest to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. ISugest reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ISUGEST'S RIGHTS

While ISugest does not and cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials, ISugest reserves the right, but is not obligated, to delete, move or edit messages or materials, including without limitation profiles, public postings and messages, that ISugest, in its sole discretion, deems to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. The User shall remain solely responsible for the content of profiles, public postings, messages and other materials uploaded to the Service or users of the Service.

ACCOUNT AND PASSWORD

You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify ISugest of any unauthorized use of your account.

PAYMENT TERMS

ISugest offers the Services to you free of charge, however ISugest reserves the right to change this policy and to change prices at any time.

LINKS

You may not provide links from the ISugest Web Site to other sites.

The links on the ISugest Web Site may let you leave the ISugest Web Site. You acknowledge that the linked sites are not under the control of ISugest and ISugest is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. ISugest is not responsible for web casting or any other form of transmission received from any linked site. ISugest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ISugest of the linked site or any association with their operators.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ISugest Web Site you warrant to ISugest that you will not use the ISugest Web Site for any unlawful purpose.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE ISUGEST SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ISUGEST EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ISUGEST SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ISUGEST , ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ISUGEST, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ISUGEST SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISUGEST RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT ISUGEST IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ISUGEST AND ITS AFFILIATES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF ONE HUNDRED ($100) DOLLARS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS

All contents of the ISugest Web Site are proprietary to ISugest, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. ISugest reserves any rights not expressly granted herein.

PORTFOLIO OWNERS

All information which you, as a Portfolio Owner, post in your portfolio must be complete, true and accurate.

By posting information and/or images to a portfolio on the ISugest site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant ISugest the licenses set forth below. You hereby grant ISugest and its affiliated companies permission to:

  1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
  2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
  3. Publish your name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to ISugest's or its sub- licensee's use of the materials contained within such communication. ISugest is under no obligation to post or use any materials you may provide, and may remove such materials at any time in ISugest's sole discretion.

ISugest reserves the right to remove any portfolio containing foul language and/or offensive terms, at ISugest's sole discretion. ISugest shall have no liability to any party for the removal of any portfolio.

BUYER'S RESPONSIBILITIES

Buyers must obtain prior approval from the Portfolio Owner prior to using any Portfolio Properties.

Buyer shall have the ability to post advertisements for the sole purpose of communication between ISugest Portfolio Owners and Buyers.

PROMOTIONAL MESSAGES

ISugest and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail will be sent to mailbox(es) as submitted by User upon sign up. ISugest does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that ISugest shall not have any liability with respect thereto.

GOVERNING LAW

Australian law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of Australia .

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Australia , as the parties to this agreement agree to be governed by the laws of Australia . Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Australia necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in Australia with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

RELEASE

ISugest is not involved in the actual transaction between Buyers and Portfolio Owners. As a result, ISugest has no control over the quality, safety or legality of the items and/or images in the Portfolios or the ability of either the Buyer or the Portfolio Owner to complete the transaction. ISugest cannot and does not confirm each user's purported identity. In the event that you have a dispute with one or more users, you release ISugest (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ISugest against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with ISugest.

BREACH

Without limiting other remedies, ISugest may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT

In the event of a merger or consolidation of ISugest, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

MODIFICATION OF TERMS

ISugest reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the ISugest Web Site. You are responsible for regularly reviewing these documents. Continued use of the ISugest Web Site after any such changes shall constitute your consent to such changes. ISugest does not and will not assume any obligation to notify you of any changes to the Terms of Service.


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